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Ukrainian Law Enforcement Reform Digest

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Ukrainian Law Enforcement Reform Digest July-August №14 2019 periodicity: 1 time / 2 months This publication created with support of European Union The content of publication does not translate official position of European Union Ukrainian Law Enforcement Reform Digest Digest is dedicated to the process of reform of law enforcement authorities in Ukraine, first of all of police, prosecution authorities, State Bureau of Investigation and criminal justice legislation. It is published with the aim to better inform the society, expert community and international institutions on the state of reforming mentioned authorities and spheres of their activity. I. NATIONAL POLICE System of law enforcement authorities in Government approved Action Plan for Ukraine undergoes a long transformation Implementation of the MoI Strategy till 2020 process from soviet system of internal affairs On August 21 at its last meeting, the Government authorities directed at protection of state chaired by Volodymyr Groysman approved the security to law enforcement agencies with Action Plan for Implementation of the Strategy European standards, which should be oriented on Development of Agencies within the System on provision of services to population, public of the Ministry of Interior till 2020, which dialogue and human rights observance. identifies specific tasks, activities, performance However, as of the beginning of 2017, changes indicators, a list of responsible executive bodies, occurring in police have a more non-systemic the need for financing, and basic spheres where character as a result of the lack of detailed, step-by- the financial resources will be used. step roadmap for conducting a reform elaborated The Action Plan was developed in cooperation in the form of one comprehensive document, with experts from civil society, international and the very process of reforming is sometimes organization and the states that are strategic oriented on the interests of the institution itself partners of Ukraine. rather than on the needs of people. The methodology that was used for development of the Plan was approved by the EU Advisory Mission to Ukraine for the Civilian Security Sector Reform, and it envisages Ukrainian Law Enforcement Reform Digest 2 №14: July-August 2019 systematization of activities that will be carried are currently investigated by police and tax out to achieve priorities of the Strategy into a militia (the State Fiscal Service). logical cycle (stratagem): research, study of the As of today, the Chair of the VR Committee advanced international experience – normative on Finance, Tax and Customs Policy has regulation – pilot project (where practicable) – registered a draft law On Bureau of Financial establishment of a system. Investigations (№ 1208 as of August 30, 2019), It should be mentioned that the Cabinet of and representatives of the European Solidarity Ministers of Ukraine approved the Strategy back faction tabled an alternative draft law On in November 2017, and the MoI was expected to National Bureau of Financial Security of Ukraine develop the action plan by mid-February 2018, (№ 1184 as of August 29, 2019). yet the plan was approved only now. It should be mentioned that before the launch Hence, the document covers only a half of the of the new law enforcement agency, procedural initially envisaged period of implementation. jurisdiction of some economic crimes stays with the National Police as provided for in the .National Police’s Department of Economic provisions of Article 216 of the CPC of Ukraine. Protection was eliminated Thus, it is not important whether police replaces the Department with another unit or On August 23, at a meeting of the panel of whether its officers are transferred to general the Ministry of Interior a decision was made investigative and operative units. to eliminate the Department of Economic Protection of the National Police of Ukraine, More details can be found on the web-site of the and already on September 2, the Government National Police: http://bit.ly/2kHFngt endorsed this decision. More details can be found on the web-site of the It is expected that the eliminated Department Government: http://bit.ly/2kfvgPI will be replaced with a separate newly created Draft law № 1184 on Bureau of Financial unit for inquiring into financial crimes – Investigations: http://bit.ly/2maTUl6 Service (Bureau) of Financial Investigations – an independent agency that will assume the Draft law № 1208 on National Bureau functions of inquiry into economic crimes that of Financial Security of Ukraine: http://bit.ly/2kIsO4w IІ. PROSECUTOR`S OFFICE Over the last three years, a new Law on eform of prosecutorial bodies started only R Prosecution was adopted (2014), prosecution after the Revolution of Dignity, although it lost its general oversight function (2014), was one of the commitments to the Council the General Inspectorate was created (2015), of Europe from the times of accession to this prosecutorial self-government bodies and the organization and adoption of the Constitution of Qualification and Disciplinary Commission Ukraine. For a long time, prosecution preserved began their work (2017), and public prosecution its centralized and militarized structure with offices were deprived of their powers to carry absolute internal subordination of prosecutors out pre-trial investigation of crimes (2017). to their line mangers established back in the At the same time, several initiatives were not Soviet times. completed, and no evaluation of overall reform efficiency was done. Ukrainian Law Enforcement Reform Digest 3 №14: July-August 2019 President of Ukraine appointed and legal protection of military personnel, new Prosecutor General state defense procurements, prevention and elimination of corruption and organized crime. On August 29, at the first plenary session of the Verkhovna Rada of Ukraine the parliament gave On August 29, on the first day of work of the its consent to the President for dismissal of Yurii Verkhovna Rada of Ukraine of the ІХ convocation, Lutsenko from the position of the Prosecutor the President of Ukraine submitted a draft Law General of Ukraine and appointment of Ruslan of Ukraine On Amending Some Legislative Riaboshapka to the position of the Prosecutor Documents of Ukraine Concerning Primary General. Measures to Reform Prosecution Agencies (№ 1032 as of August 29, 2019), which among Immediately after this, President Volodymyr other things provides for elimination of military Zelensky issued respective decrees. prosecution offices. Before his appointment to this position, Ruslan On September 2, the newly appointed Prosecutor Riaboshapka worked as the Deputy Minister of General, Ruslan Riaboshapka, issued an order Justice of Ukraine (2014-2016), and a member dismissing Anatolii Matios from the position of of the National Agency for Preventing Corruption the Chief Military Prosecutor. (2016-2017). In May 2019, he was appointed the Draft law № 1032 on priority measures to reform Deputy Head of the Administration (later – the prosecution agencies: http://bit.ly/2kycdAw Office) of the President of Ukraine. Mr. Riaboshapka is a holder of the Honored Lawyer title. President initiated renewal Decree № 637 on appointment of Ruslan of the prosecution system Riaboshapka: http://bit.ly/2m7B2n0 On August 29, President of Ukraine Volodymyr Zelensky registered a draft law on primary Military prosecution offices will probably measures to reform prosecution agencies be eliminated (№ 1032 as of August 29, 2019). In addition In early August, Deputy Head of the Office of the to the changes related to military prosecution President of Ukraine Ruslan Riaboshapka said offices, the President suggest the Ukrainian he saw no need for military prosecution offices. prosecution system should be significantly renewed. He was speaking not only against military prosecution offices but also against possible The principal provisions of the draft law development of military justice, in particular envisage: specialized courts, the idea of which was — establishing the Office of the Prosecutor supported by the Chief Military Prosecutor, General, regional (oblast) prosecution offices, Anatolii Matios. and district (okrug) prosecution offices. Military prosecutors, like their civilian Granting a right to the Prosecutor General to colleagues, in 2017 lost the right to launch eliminate and re-organize district and regional investigations on their own. They provide prosecution offices; oversight of activities of other agencies (police, — eliminating military prosecution offices, but at SSU, SBI, NABU), represent prosecution and the same time vesting a right in the Prosecutor citizens’ interests in court. General to create specialized prosecution At the same time, activities of military offices when necessary with the rights of a prosecution offices should be aimed in the first structural unit of the Office of the Prosecutor place at the areas related to performance of General, regional prosecution offices, district military duties. These include preservation of prosecution offices; military property, security of arsenals, social — decreasing the maximum size of the Ukrainian Law Enforcement Reform Digest 4 №14: July-August 2019 prosecution staff from 15, 000 to 10, 000 assessing the prosecutor’s compliance with individuals; the requirements concerning professional — grating powers and authorities to the competencies, professional ethics, and Prosecutor General to approve: prosecution integrity. For determining the level of development strategy; system of performance
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